Panel Calls for Remote Analysis of “Tokuryu” Communications

Tokyo, Sept. 2 (Jiji Press)–Japanese police need to introduce remote analysis of communications between members of “tokuryu” loosely organized anonymous criminal groups to prevent damage caused by them, an expert panel said Wednesday. “It is difficult to clarify encrypted communication content with the current investigation method, and remote analysis is necessary to prevent damage,” the National Police Agency panel said in an outline of its recommendations, referring to highly confidential apps used by tokuryu members. The NPA aims to introduce the remote analysis at an early date after the panel announces its final recommendations as soon as this month. Remote analysis raises concern about the confidentiality and privacy of communications guaranteed by the Constitution, but the panel concluded that it is constitutionally permissible to take necessary measures with due process. It emphasized the need for clear rules and prior judicial review. If police identify a communication terminal believed to be used by tokuryu members during an investigation, they could request a court warrant for remote analysis in advance, according to the outline and other sources. The request and analysis would be conducted by officers with expertise in cybersecurity designated by the NPA. If a crime plan is identified from the accessed terminal, the police would take measures to prevent damage, such as monitoring the target. The outline did not disclose how access would be achieved but said the new method would be undetected by criminals and enable investigators to obtain information even if the location is unknown. This suggests police may use malware for investigative purposes and break into terminals. Analysis would be limited to terminals that can reasonably be regarded as belonging to criminals, such as those used for instructions within groups and for communication with potential victims. Police would focus on information about the crime plan, with irrelevant information deleted immediately. To ensure that the method is used appropriately, all cases would be reported to the National Public Safety Commission for confirmation. The outline also calls for the development of rules for handling information. The panel also said that if issues arise, the commission should instruct the NPA’s commissioner general to make necessary corrections. END [Copyright The Jiji Press, Ltd.]